Page 2 - Emelda P. Johnson, Secretary

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3 Page 2 - Emelda P. Johnson, Secretary are automatically processed with a medical support clause to enable the State to meet the PRWORA requirement that all child support orders include a provision for health care coverage of the child. Maryland does not have legislation granting a decision maker, such as a Maryland judge, the authority to order the NP to contribute toward the State cost of providing coverage under Medicaid as recommended by the Medical hild Support Working Group (Working Group). This authority is not required by Federal legislation. However, the authority, if granted, would ensure that the NPs obligations are met as a primary payer before public funds are used to cover their children s medical needs. We did not quantify prospective Medicaid savings to be attained by implementing this Working Group recommendation due to Maryland s past low medical support compliance which has been addressed in Maryland s recent statewide self assessment. Within the Maryland Department of Human Resources (DHR), the hild Support Enforcement Administration (SEA) has convened a workgroup to specifically address medical support issues with the focus on providing solutions to questions and problems. We believe that SEA s workgroup is a valuable asset that may provide innovative ideas related to children s medical support. We recommend that DHR: 1. Require the contractor responsible for child support services in Baltimore ity and Queen Anne s ounty to implement internal controls to ensure that all policies and procedures in use are authorized prior to implementation. 2. onsider implementing policies and procedures including the proposal for legislation that would allow a decision maker such as a Maryland judge to order NPs to contribute toward the State cost of providing coverage under Medicaid. 3. Notify the HHS Administration for hildren and Families (AF) of innovative ideas and problem solutions related to children s medical support resulting from SEA s medical support workgroup for possible broadcasting as a best practice. By letter dated October 10, 2001, DHR responded to a draft of this report. The DHR agreed with our recommendation that SEA require the contractor to implement internal controls to ensure that all policies and procedures in use are authorized prior to implementation. The DHR also agreed to notify the Department of Health and Human Services of innovative ideas and recommendations resulting from SEA s Medical Support Workgroup. However, DHR believed that considering a proposal to allow a decision maker to order NPs to contribute to the cost of their children s medical support would be counter-productive and cited several reasons for their position. We have summarized DHR s response and our comments after the

4 Page 3 - Emelda P. Johnson, Secretary onclusions and Recommendations section of this report and have attached DHR s letter as an appendix to this report. BAKGROUND The DHR is the State s primary human services agency that provides a variety of ongoing, temporary or short term programs to Maryland s citizens. The DHR programs include the hild Support Enforcement (Title IV-D) Program, administered by DHR s SEA. Services available through Title IV-D include paternity establishment, support establishment (including medical support), parent location, securing support from parents who live in other states, support payment enforcement, and review and modification of support orders. Pursuant to legislation enacted by the General Assembly of Maryland, the State privatized Title IV-D services in Baltimore ity and Queen Anne s ounty in The Omnibus Budget Reconciliation Act (OBRA) of 1993 requires State hild Support Enforcement (Title IV-D) agencies to include medical support in the establishment of all child support orders. The OBRA also requires states to have laws in place prohibiting health insurance providers from denying enrollment under a parent s health coverage because the child (1) was born out of wedlock, (2) was not claimed as a dependent on parent s income tax form, or (3) does not live with the parent or is outside the insurer s service area. In 1996 ongress passed PRWORA which required that all child support orders include a provision for health care coverage of the child. This Act provided the states Title IV-D agencies with the authority to notify the NPs employers to directly enroll the child in a health plan. Federal law requires that parents provide health insurance if the insurance is available through employment at reasonable cost. Unless the custodial parent and children have evidence of health insurance, the Title IV-D agency, in cases which involve families eligible for Medicaid, shall petition the court or administrative authority to include health insurance that is available to the NP at reasonable cost in a new or modified court or administrative order for child support. Title 45 of the ode of Federal Regulations (FR) specifies that health insurance is considered reasonable in cost if it is employment related or other group health insurance regardless of the service delivery mechanism. Under existing Federal legislation, NPs do not have to provide medical insurance for their children if the cost is unreasonable. As a result, many of these children receive medical care under the Medicaid program. As part of the hild Support Performance and Incentive Act of 1998 (SPIA), ongress created the Working Group. The Working Group was charged with identifying barriers to effective medical support enforcement and developing recommendations that address the following areas: Assess the National Medical Support Notice (NMSN) Identify the Priority of Withholding from an Employee's Income, Including Medical Support Obligations

5 Page 4 - Emelda P. Johnson, Secretary oordinate Medical hild Support with Medicaid/State hildren s Health Insurance Program (SHIP) Examine Alternates to a Medical Support Model Focused Exclusively on the Non-custodial Parent's Employer-Provided Health Plan Evaluate the Standard for "Reasonable ost" in Federal aw Recommend Other Measures to Eliminate Impediments to Medical Support Enforcement Recommendation 19, Part A of the Working Group s report states that States should grant authority to the decision maker to order the noncustodial parent to contribute toward the State cost of providing coverage under Medicaid and SHIP. Provided, however, no contribution should be ordered from any noncustodial parent whose net income (as defined by the State to determine Medicaid eligibility) is less than 133 percent of poverty. In the report, the Working Group states that... while it may be unreasonable to expect the parent to pay the full premium for available private coverage in some cases, it is not unreasonable to expect the parent to contribute something towards public coverage. OBJETIVE The objective of our limited scope review was to identify and evaluate the processes and procedures to ensure that the NPs obligations are determined and met as primary payers before public funds are used to cover their children s medical needs as required by Section 466(a)(19) of Title IV-D of the Social Security Act. SOPE AND METHODOOGY To accomplish the objectives of our review we: Interviewed Maryland SEA personnel; Reviewed SEA controls designed to ensure that NPs are covering their children s medical insurance needs to the extent they are able; Reviewed relevant Federal and State laws and regulations concerning children s medical support enforcement; Reviewed Maryland s hild Support Enforcement self assessments for Federal Fiscal Year (FFY) 1999 and FFY 2000;

6 Page 5 - Emelda P. Johnson, Secretary Obtained an understanding of the SES system; Performed sample child support calculations using Maryland s child support guidelines; and Reviewed and evaluated Maryland s statistics related to the percentage of Medicaid recipients receiving fee for service or managed care services. We performed our review from January through May 2001 at Maryland s SEA office in Baltimore, Maryland and the Region III AF office in Philadelphia, Pennsylvania. RESUTS OF REVIEW Maryland Medical Support Enforcement aws, Policies and Procedures Maryland has promulgated State laws and regulations relating to children s medical support that appear to comply with Section 466 (a)(19) of Title IV-D of the Social Security Act. Although Maryland has reported low compliance in the area of securing and enforcing medical support in the past, the State has implemented positive actions to establish policies and procedures to ensure that NPs are covering their children s medical insurance needs to the extent they are able. In its FFY 1999 and 2000 Self Assessment Reports, Maryland reported that it was not compliant with the criterion of securing and enforcing medical support orders. Some of the problems noted during the FFY 2000 Self Assessment were failure to petition the court for medical care provisions, failure to enforce medical care provisions when ordered and available, and failure to review the availability of medical insurance. In response, the SEA is implementing the following corrective actions: Developing a report that identifies all cases with health insurance withholding orders that do not have the health insurance indicator coded with health insurance as having been obtained. Personnel will review the report, pursue cases where health insurance was not obtained and reconcile those cases that have not yet been determined for health insurance. Establishing procedures to ensure that the medical support code is updated at the receipt of any new order regardless of whether or not there is a change in medical support. This will ensure that medical support is routinely addressed.

7 Page 6 - Emelda P. Johnson, Secretary Assigning personnel to specifically work on medical support orders only. onducting training that demonstrates the techniques and processes that must be followed to secure and document medical insurance availability. Ensuring that all information pertaining to health insurance is recorded on the SES. We were unable to determine whether improved results have been realized in the area of securing and enforcing medical support orders because implementation of the corrective action is recent and on-going and insufficient data was available for a comparative assessment. Use of Unauthorized Review and Modification Procedure in Baltimore ity The contractor that performs child support functions in Baltimore ity and Queen Anne s ounty has implemented policies and procedures that appear to comply with Section 466 (a)(19) of Title IV-D of the Social Security Act and Maryland State laws and regulations. However, contractor internal controls were not sufficient to identify and prevent the use of an unauthorized review and modification procedure that conflicted with the contractor s authorized procedure. As part of our audit we reviewed the current contractor s policies and procedures used in Baltimore ity. During our evaluation of the review and modification process, we identified a support order review and modification procedure in use that was not authorized by the contractor. The unauthorized procedure was more restrictive than the contractor s approved procedure in granting a review and/or modification to a support order requested by a custodial parent or NP. The contractor s authorized policy states that, When the SE agency conducts the review at 36 month intervals, the state guidelines are applied based on the current financial status of both parties. After applying the guidelines, if the support amount results in a 25% change, the SE agency will pursue a modification of the order. If the 25% threshold is not met, the SE agency can pursue a modification at its discretion. This procedure is consistent with Federal and State regulations. The wording of the unauthorized procedure, however, was more restrictive. It stated that, The suggest [sic] amount has to increase or decrease by 25% of what the current support is presently...if it doesn t increase or decrease by 25% it is rejected and a letter needs to be sent out to the person who requested the modification.

8 Page 7 - Emelda P. Johnson, Secretary As a result, contractor personnel in Baltimore ity who followed the unauthorized procedure automatically rejected custodial parents and NPs requests for review and modification to support orders because a required threshold percentage was not met. Had contractor personnel followed the authorized procedure, they could have used their discretion to authorize review and modification to support orders. As soon as we notified the contractor of the unauthorized procedure, the contractor discontinued its use. Maryland s hild Support Enforcement System (SES) The SES is Maryland s automated hild Support Enforcement system used by SEA personnel to input and track case information, including insurance data. The SES is Family Support Act (FSA) certified and has been revised to meet the requirements for PRWORA certification. It has over 16 interfaces with other systems, including but not limited to the State Title IV-A Agency, the National Directory of New Hires, and the State Motor Vehicle Administration. These interfaces enable SEA to track NPs receipt of benefits, employment and health insurance status and residences. Our tests disclosed that child support orders in SES are automatically processed with a medical support clause which enables the State to meet the PRWORA requirement that all child support orders include a provision for health care coverage of the child. Non-ustodial Parent ontributions Toward Medical Support Maryland does not have legislation granting a decision maker, such as a Maryland judge, authority to order the non-custodial parent to contribute toward the State s cost of providing coverage under Medicaid as recommended by the Working Group. This authority is not required by Federal legislation. However, the authority would ensure that the NPs obligations are met as primary payers before public funds are used to cover their children s medical needs. We believe that Maryland should consider implementing policies and procedures that would allow a Maryland judge the authority to order the NP to contribute toward the State cost of providing coverage under Medicaid. As of October 2000, Maryland placed approximately 300,000 of its children (95 percent) under Medicaid managed care which has fixed monthly individual premiums. The use of fixed premiums makes the implementation of such a recommendation feasible because the NP s contribution could also be fixed based on the premium amount and the NP s ability to pay. We did not quantify prospective Medicaid savings to be attained by implementing this Working Group recommendation due to Maryland s past low medical support compliance. As part of our review we evaluated whether ordering non-custodial parents to contribute to State Medicaid managed care premiums, as recommended by the Working Group, would materially

9 Page 8 - Emelda P. Johnson, Secretary affect a custodial parent s cash support from the NP. In order to determine the effect on the custodial parent s cash support, we used Maryland s child support guidelines to calculate cash support for a custodial parent when the NP was required to contribute to the State s Medicaid managed care premium and compared the amount to the cash support required when the NP was not required to contribute to the State Medicaid managed care premium. Our review showed that a custodial parent s cash support was not materially affected by requiring the NP to contribute to State Medicaid managed care costs. Best Practice - SEA Medical Support Workgroup The Maryland SEA has convened a workgroup to specifically address medical support issues with the focus on providing solutions to questions and problems. The work performed by the workgroup will take place from September 2000 through February 2001 followed by system changes, statewide training, and re-focusing of work in the medical support area. The goals of the workgroup include: Redesigning the flow of Title IV-D cases for more effective management Redesigning SES computer screens and fields to capture information about custodial parents insurance and public insurance onsideration of a policy change to allow for a preference for custodial parents coverage when both the custodial parent and NP have insurance available Defining "reasonable cost" for purposes of enforcing orders for medical support Providing for the implementation of the NMSN. We believe that SEA s workgroup is a valuable asset that may provide innovative ideas related to children s medical support. ONUSIONS AND REOMMENDATIONS Maryland has promulgated State laws and regulations relating to children s medical support that appear to be in compliance with Section 466 (a)(19) of Title IV-D of the Social Security Act and has implemented positive actions to establish policies and procedures to ensure that NPs are covering their children s medical insurance needs to the extent they are able. However, contractor internal controls were not sufficient to identify and prevent the use of an unauthorized review and modification procedure that conflicted with the contractor s authorized procedure in

10 Page 9 - Emelda P. Johnson, Secretary Baltimore ity. In addition, we noted that Maryland does not have legislation granting a decision maker such as a Maryland judge authority to order the non-custodial parent to contribute toward the State cost of providing coverage under Medicaid as recommended by the Medical hild Support Working Group. Finally, the work performed by Maryland SEA s medical support workgroup may result in innovative ideas in children s medical support that should be reported to AF. We recommend that DHR: 1. Require the contractor responsible for child support services in Baltimore ity and Queen Anne s ounty to implement internal controls to ensure that all policies and procedures in use are authorized prior to implementation. 2. onsider implementing policies and procedures including the proposal for legislation that would allow a decision maker such as a Maryland judge to order NPs to contribute toward the State cost of providing coverage under Medicaid. 3. Notify AF of innovative ideas and problem solutions related to children s medical support resulting from SEA s medical support workgroup for possible broadcasting as a best practice. DHR Response and OIG omments By letter dated October 10, 2001, DHR responded to a draft of this report. The DHR agreed with our recommendation that SEA require the contractor to implement internal controls to ensure that all policies and procedures in use are authorized prior to implementation. The DHR also agreed to notify the Department of Health and Human Services of innovative ideas and recommendations resulting from SEA s Medical Support Workgroup. However, DHR believed that allowing a decision maker to order NPs to contribute to the cost of their children s medical support would be counter-productive. The DHR believed that the recommendation exceeds the present requirements of Federal law and regulation, is not based on consensus and is generally not endorsed by the hild Support Enforcement commmunity. The recommendation, if implemented, would decrease the basic income of the NP, thereby contributing to the NP s poverty without increasing the well being of the children. We believe that DHR s proposed actions to monitor the contractor s policies and procedures and DHR s willingness to share information with the Federal Office of hild Support Enforcement are positive actions that will promote better child support enforcement actions both statewide and nationally. We also continue to believe that our recommendation to consider legislation to promote increased participation by NPs toward their children s medical needs is both proper and growing in participation by jurisdictions who are faced with increased costs. We do not agree with DHR s position that increased NP participation would be counter-productive since the entire philosophy of child support is to increase the NP s participation, especially if the

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